Patna High Court
Ranjit Sahani @ Ranjit SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with bail conditions.
Summary
The petitioner, Ranjit Sahani, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic and Psychotropic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the liquor recovered (60 litres from a motorcycle and 170 litres from a bush) was not in his possession and that he is not the owner of the vehicle involved. He contended that the case was based solely on a confessional statement made by another person, Gajendra, while in police custody, which he argued lacks evidentiary value, and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, confirming bail only if he has exactly four prior cases and refusing confirmation if more than four are found. The order was made under Section 482(2) of the Bihar Narcotic and Psychotropic Substances Act.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged possession of liquor under the Bihar Prohibition and Excise Act.
- Whether a confessional statement made by a third person in police custody can form the basis for implicating the petitioner.
- Whether the 2018 amendment to the Excise Act eliminates the doctrine of deemed possession and presumed offender for bail considerations.
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- police procedure
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24661 of 2026
Arising Out of PS. Case No.-533 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Ranjit Sahani @ Ranjit Sahni Son of Rama Sahani Resident of village -
Banparua, P.S.- Kesariya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
Ms. Harsha Shashwat, Adv.
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 274, 275
of BNS and Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 60 litres of liquor from a motorcycle
and 170 litres of liquor from a bush. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle as such the alleged recovery is from a place
which does not belong to the petitioner and he came to be
Patna High Court CR. MISC. No.24661 of 2026(2) dt.20-04-2026
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implicated based on confessional statement of Gajendra in
police custody which does not have any evidentiary value. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation. It
is further submitted that after amendment in the Excise Act in
the year 2018, the concept of deemed possession and presumed
offender has been done away with.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand)
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with Kesariya P.S. Case No.533/2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
four cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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